[Footnote 323: Lords, at first, had but a domestic Jurisdiction,
in order to compel their Tenants’ Services, and to maintain peace
and order amongst them. Afterwards, in imitation of the Sovereign’s
Court, Lords caused Records to be made before their own officers
of the transactions which had taken place in their Courts. But, as
these Records derived their chief or rather only strength, from the
parties voluntarily submitting to them, the authority of the Lords
was gradually weakened; and, as murmurs began to increase against the
decisions of their Courts, a reference to the King’s Court became the
only resort of the Lords. (Traités sur les Coutumes Anglo-Normandes par
M. Houard, p. 507. Tom. 1.)]
Book IX.
OF HOMAGES, AND RELIEFS, AND SERVICES, AND AIDS, AND OF
PURPRESTURES, AND BOUNDARIES DISTURBED.
CHAP. I.
It remains to resume the subject of performing Homages,[324] and
receiving Reliefs.[325] Upon the death of the Father, or any other
Ancestor, the Lord of the Fee is bound, from the first, to receive
the Homage of the Right Heir, whether the Heir has attained his full
age, or not, if he be a Male. For, Females cannot by Law perform any
Homage,[326] although, generally speaking, they are to do Fealty to
their Lords.
[Footnote 324: _Homage_, the result of the Feudal System, was unknown
to the Romans; and Spelman thinks, it was unknown to the Anglo-Saxons.
(Reliq. p. 34.) However that may be, William the Conqueror is stated
to have received it from the Nobles, immediately after the Battle of
Hastings. (M. Paris.) It is generally derived from the word _homo_,
which, as well as our synonymous term _man_, Spelman asserts, to have
been used for many ages by the German and Western Nations, for a
servant or vassal. (Spelm. ubi supra—sed vide Co. Litt. 64. b.) Homage
is divided into _liege_ and _feudal_: the former was due to the King,
the latter to the Lord, of whom the Tenant held his Fee. “The reason
of Homage,” says Spelman, “was to preserve the memory of the tenure,
and of the duty of the Tenant, by making every new Tenant at his entry
to recognise the Interest of his Lord, lest that the feud, being now
hereditary, and new Heirs continually succeeding to it, they might by
little and little forget their duty and subtracting their services deny
at last the tenure itself.” (Spelm. Reliq. 34.) On Homage in general
see Bracton 78. b. et seq. Fleta l. 3. c. 16. Littleton’s Tenures and
Lord Coke’s Comment. Craig, Spelman, Sullivan, Assises de Jerusalem c.
205. &c. &c. &c.]
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